Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
Dec 27, 2013 |
print number 1071b |
Dec 27, 2013 |
amend and recommit to labor |
Dec 16, 2013 |
print number 1071a |
Dec 16, 2013 |
amend and recommit to labor |
Jan 09, 2013 |
referred to labor |
Senate Bill S1071B
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S1071 - Details
2013-S1071 - Sponsor Memo
BILL NUMBER:S1071 TITLE OF BILL: An act to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the minimum wage act PURPOSE OR GENERAL IDEA OF BILL: To update and amend the labor law to reflect the guidelines used in the Federal Fair Labor Standards Act regarding seasonal workers employed in the operation of county and agricultural fairs. SUMMARY OF PROVISIONS: Section 651 of the labor law is amended by adding a new paragraph to exempt employees of County or agricultural fairs or amusement or recreational establishments from overtime requirements, provided that such establishments adhere to current state minimum wage rates. The provisions of this section shall not supersede the terms of a collective bargaining agreement or apply to a policy that is the result of a collective bargaining agreement between and employer and a recognized or certified employee organization JUSTIFICATION: Seasonal county and agricultural fairs in New York State remain one of the last linkages between our agricultural heritage and today's urban
2013-S1071 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1071 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the mini- mum wage act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 651 of the labor law, as amended by chapter 481 of the laws of 2010, is amended to read as follows: 5. "Employee" includes any individual employed or permitted to work by an employer in any occupation, but shall not include any individual who is employed or permitted to work: (a) on a casual basis in service as a part time baby sitter in the home of the employer; (b) in labor on a farm; (c) in a bona fide executive, administrative, or professional capacity; (d) as an outside salesman; (e) as a driver engaged in operat- ing a taxicab; (f) as a volunteer, learner or apprentice by a corpo- ration, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educa- tional purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual; (g) as a member of a religious order, or as a duly ordained, commissioned or licensed minis- ter, priest or rabbi, or as a sexton, or as a christian science reader; (h) in or for such a religious or charitable institution, which work is incidental to or in return for charitable aid conferred upon such indi- vidual and not under any express contract of hire; (i) in or for such a religious, educational or charitable institution if such individual is a student; (j) in or for such a religious, educational or charitable institution if the earning capacity of such individual is impaired by age or by physical or mental deficiency or injury; (k) in or for a summer camp or conference of such a religious, educational or charitable EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S1071A - Details
2013-S1071A - Sponsor Memo
BILL NUMBER:S1071A TITLE OF BILL: An act to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the minimum wage act PURPOSE OR GENERAL IDEA OF BILL: To update and amend the labor law to reflect the guidelines used in the Federal Fair Labor Standards Act regarding seasonal workers employed in the operation of county and agricultural fairs. SUMMARY OF PROVISIONS: Section 651 of the labor law is amended by adding a new paragraph to exempt employees of County or agricultural fairs or amusement or recre- ational establishments from overtime requirements, provided that such establishments adhere to current state minimum wage rates and to the extent that such employees reside outside of the State of New York. Overtime requirements would still apply to any employee who is a resident of New York State. The provisions of this section shall not supersede the terms of a collective bargaining agreement or apply to a policy that is the result of a collective bargaining agreement between and employer and a recognized or certified employee organization
2013-S1071A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1071--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the mini- mum wage act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 651 of the labor law, as amended by chapter 481 of the laws of 2010, is amended to read as follows: 5. "Employee" includes any individual employed or permitted to work by an employer in any occupation, but shall not include any individual who is employed or permitted to work: (a) on a casual basis in service as a part time baby sitter in the home of the employer; (b) in labor on a farm; (c) in a bona fide executive, administrative, or professional capacity; (d) as an outside salesman; (e) as a driver engaged in operat- ing a taxicab; (f) as a volunteer, learner or apprentice by a corpo- ration, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educa- tional purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual; (g) as a member of a religious order, or as a duly ordained, commissioned or licensed minis- ter, priest or rabbi, or as a sexton, or as a christian science reader; (h) in or for such a religious or charitable institution, which work is incidental to or in return for charitable aid conferred upon such indi- vidual and not under any express contract of hire; (i) in or for such a religious, educational or charitable institution if such individual is a student; (j) in or for such a religious, educational or charitable institution if the earning capacity of such individual is impaired by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S1071B (ACTIVE) - Details
2013-S1071B (ACTIVE) - Sponsor Memo
BILL NUMBER:S1071B TITLE OF BILL: An act to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the minimum wage act PURPOSE OR GENERAL IDEA OF BILL: To update and amend the labor law to reflect the guidelines used in the Federal Fair Labor Standards Act regarding seasonal workers employed in the operation of county and agricultural fairs. SUMMARY OF PROVISIONS: Section 651 of the labor law is amended by adding a new paragraph to exempt employees of County or agricultural fairs or amusement or recre- ational establishments from overtime requirements, provided that such establishments adhere to current state minimum wage rates and to the extent that such employees reside outside of the State of New York. Overtime requirements would still apply to any employee who is a resident of New York State. The provisions of this section shall not supersede the terms of a collective bargaining agreement or apply to a policy that is the result of a collective bargaining agreement between and employer and a recognized or certified employee organization JUSTIFICATION: Seasonal county and agricultural fairs in New York
2013-S1071B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1071--B 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the mini- mum wage act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 651 of the labor law, as amended by chapter 481 of the laws of 2010, is amended to read as follows: 5. "Employee" includes any individual employed or permitted to work by an employer in any occupation, but shall not include any individual who is employed or permitted to work: (a) on a casual basis in service as a part time baby sitter in the home of the employer; (b) in labor on a farm; (c) in a bona fide executive, administrative, or professional capacity; (d) as an outside salesman; (e) as a driver engaged in operat- ing a taxicab; (f) as a volunteer, learner or apprentice by a corpo- ration, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educa- tional purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual; (g) as a member of a religious order, or as a duly ordained, commissioned or licensed minis- ter, priest or rabbi, or as a sexton, or as a christian science reader; (h) in or for such a religious or charitable institution, which work is incidental to or in return for charitable aid conferred upon such indi- vidual and not under any express contract of hire; (i) in or for such a religious, educational or charitable institution if such individual is a student; (j) in or for such a religious, educational or charitable EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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